When you or a loved one suffers an injury due to a fall on a city-owned sidewalk, it is appropriate to seek damages from the responsible party. However, receiving compensation for your injuries from a municipality is often tricky and legally complex. Learn the facts about bringing a sidewalk injury claim against the city and how a trip and fall lawyer can help.
Facts About Slip and Fall Claims Against Municipalities
These facts about slip and fall claims brought against municipalities affect your ability to receive compensation for your injuries. Pay special attention to the statute of limitations in regards to filing a claim.
The City’s Responsibility
New Jersey municipalities enjoy broad immunity from lawsuits for injuries occurring on municipal sidewalks except in situations where they have waived their immunity. Despite the difficulty in succeeding in such a case, if you are injured on a public sidewalk that is not properly maintained, you may have a case against the city. If you fall on a broken, uneven, or otherwise hazardous city sidewalk, gather as much information about the incident as possible and call our office so that an appropriate investigation and evlauation may be conducted.
There are also different applications of the law in the event of transient conditions vs static conditions of public property. If you slip and fall due to ice or snow, be aware that there are instances where a governmental entity may be responsible for removing snow or ice on public property. If you fall in front of a business or personal residence, the city will most likely not be liable. However the abutting property owner may be held liable.
Statute of Limitations
You must notify the municipality of your intention to file a lawsuit within 90 days of the accident. This is known as a Notice of Claim or a Tort Claims Notice. As part of the notice of claim you are required to provide personal contact information and all the details surrounding your accident and injuries. If you don’t file this claim within the time limitations, your lawsuit will be barred.
Premises Liability Defenses for Municipalities
Municipalities rely heavily upon the Tort Claims Act, N.J.S.A. 59:4-2(b), to refute liability. Liability may be deferred due to lack of notice of the hazardous condition, resource allocation, snow removal immunity, and plan and design immunity. There is also the question of whether or not your injury qualiifes for compensation. It’s difficult to win a slip-and-fall suit without the help of an attorney specializing in trip and fall accidents in Paterson.
A Law Firm You Can Trust
When you or a family member sustains injuries in a slip and fall accident on a city sidewalk, you may be entitled to damages. Work with a law firm you can trust to navigate the legal complexities of municipality lawsuits so you get the compensation you deserve.